Case Details

Citation(s)
2001 SLG 1761 2001 SLD 1761 2001 PLC 11
Supreme Court (AJ&K)
Civil Appeals Nos. 89, 90 and 91 of 1999, decision dated: 28-04-2000.
BASHARAT AHMAD SHAIKH AND MUHAMMAD YUNUS SURAKHVI, J

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Civil Appeal No.89 of 1999 Messrs JABEER HOTEL, MIRPUR through Proprietor

VS

KASHMIR COUNCIL, ISLAMABAD through Secretary and 4 others Civil Appeal No.90 of 1999 KASHMIR COUNCIL, ISLAMABAD through Secretary and 3 others vs Messrs JABEER HOTEL, MIR

Law:

Section:

(a) Interpretation of statutes-------Enactment and enforcement of law---No hard and fast rule can be laid down as to the manner in which a law is made by a Legislature---Referential Legislation is a reorganised form of making, law wherein a law made by any other Legislature is enforced by law-makers without reproducing the phraseology of the already existing law and it is declared that a particular law specified in Legislation would come into force---Such legislation some times mentioned that it shall stand adapted and some time other phraseology is used---No particular words are necessary for enacting a law---Necessity was that it should be clear that Legislature had provided that a known set of legal provisions, even if did, not form part .of enactment, were intended to be operative within the realm of enacting Legislature---Mere use of word "extension" by itself would not vitiate a Legislation. Messrs Spintex Limited, Mirpur and others v. Income Tax Officer, Government of Azad-Jammu and Kashmir, Mirpur and others 1998 PTD 2567-ref. (b) Employees Old-Age Benefits (Extension of Functions to Azad Jammu and Kashmir) Act (X of 1980)-- ----Ss.l & 2---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Preamble, Ss. 12, 19, 21, 31, 42 & 44---Nature and function of Constitution---Powers of Executive Authority---Delegation of powers ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) was enacted to provide for better Government and administration of Azad Jammu and Kashmir until such time as the statute of Jammu and Kashmir was determined through a plebiscite to be held under auspicious of the United Nations--­Azad Jammu and Kashmir Interim Constitution Act was enacted with concurrence of Government of Pakistan and the Act had postulated that two legislative bodies would be working in, Azad Jammu and Kashmir---One was Azad Jammu and Kashmir Council headed by Prime Minister of Pakistan which terms would include Chief Executive of Pakistan and other Legislative Body was Azad Jammu and Kashmir Legislative Assembly consisting of forty-eight elected members---Such Assembly had powers to make laws in all residuary matters which were…
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